He cleared the 85 per cent target after his final warning, the algorithm removed him anyway
Australia's Full Bench has ruled an Uber Eats driver's automated deactivation was unfair, finding human judgment cannot be replaced by algorithms in performance-based dismissals.
On 10 April 2026, a three-member bench of the Fair Work Commission upheld the appeal of Canberra delivery driver Umair Ayyub against Portier Pacific Pty Ltd, trading as Uber Eats. The Commission ruled his deactivation was unfair, ordered his reactivation, and found a lost pay order appropriate, directing the parties to confer on the quantum.
Mr Ayyub had worked on Uber's platform since September 2018, initially as an UberX passenger driver completing over 18,000 trips before transferring to Uber Eats, where he performed over 5,856 deliveries with no recorded complaint about a defective order. His deactivation on 8 July 2025 followed automated warnings triggered by his failure to maintain an 85 per cent minimum satisfaction rating, a threshold introduced in late 2024 and not communicated to him until 21 February 2025.
The rating system relied on a simple thumbs-up or thumbs-down from customers and merchants, and only 7.2 per cent of all deliveries attracted any rating at all. Of his 20 negative ratings across his last 100 rated trips prior to the preliminary deactivation notice (PDN), nine came with no explanation. One had a merchant citing "no delivery bag," despite Mr Ayyub's unchallenged evidence that he...
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